Osborn v. Chase

Citations

• 119 Wash. 476
• 205 P. 844
• 1922 Wash. LEXIS 797

Syllabus

<p>Waters and Water Courses (99) — Irrigation—Regulation oe Supply. Where a decree apportions the water of a stream to various tracts, one user not actually prejudiced cannot complain because another user of two tracts diverts the percentage apportioned to one of his tracts and uses it all upon the other.</p> <p>Same (99). Where a decree apportions water of a stream to various tracts on a percentage basis, the adoption of a rotation plan does not entitle a lower owner to have a pond on the land of an upper owner completely drained on the days he is allowed to use the water, when only the overflow joins the stream, where the pond is filled from the upper owner’s share of'the water.</p> <p>Same (99). Where the waters of a stream have been apportioned by a decree of court on a percentage basis, the hydraulic engineer can only enforce the decree and cannot order a rotation plan conflicting with the percentages.</p>